A maintenance worker was dragged to death by an elevator while working at a Guttenberg, New Jersey high-rise condominium building that overlooks the Hudson River.
Both federal and state officials are looking into the fatal incident that claimed the life of the 44-year-old worker, whose name was not released. While performing routine maintenance, the worker apparently became entangled between the door and top portion of the elevator, and when it moved up, he was trapped. The worker was pronounced dead at the scene.
In a statement, the worker’s employer said it was “very saddened to hear of the accident at Galaxy Towers” and it “would be inappropriate to comment further at this time.”
One of the highest duties that the law recognizes is between business invitees – employees, shoppers, tenants, and other people who are on the premises for a commercial purpose – and landowners, because there is both an affirmative and informative duty. In addition to making the land reasonably safe, the landowner must warn invitees about potential dangers.
Imagine that motorists had a duty of reasonable care to drive defensively and focus on the road, but also had a duty to warn other motorists about their vehicle’s mechanical defects or the fact that they did not sleep well the previous night. That is a landowner’s duty to invitees.
Construction workers are typically covered by workers’ compensation, which is no-fault insurance that covers job injuries. Victims do not have to prove fault to received compensation for their economic damages, like lost wages, prescription drug costs, and medical expenses.
In some cases, victims may be eligible for additional compensation. These situations include:
- Non-Employee: Many people are injured due to a slip-and-fall at a store or because of inadequate security at a hotel or apartment complex.
- Negligent Co-Worker: Many times, there is more than one tortfeasor (negligent party) involved in a lawsuit.
- Defective Product: In the above example, there is a good chance that the worker was injured because the elevator was not working properly, and not by the owner’s negligence.
In these instances, victims are also entitled to compensation for their noneconomic damages, such as pain and suffering, emotional distress, and loss of enjoyment in life. Punitive damages may also be available, in some cases.
For prompt assistance with a construction accident claim, contact the aggressive lawyers at Proner & Proner. You have a limited amount of time to act.